Akil v. State of U.P

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49265 of 2023 Applicant :- Akil Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.,Sudhir Kumar Agarwal Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶2Heard learned counsel for the applicant, Sri Sudhir Kumar Agarwal, learned counsel for the informant, learned A.G.A. for the State and perused the record.

¶3It is submitted by learned counsel for the applicant that as per allegation in the first information report, five accused persons including applicant are alleged to have assaulted with sword, knife, firearm on the injured as a result of same, injured has suffered injuries. 3-A. Learned counsel for the applicant has drawn the attention of this Court to the injury report of Zakir, which is at page 25 of the paper book where one abrasion is found on the shoulder and the injuries have been caused by hard and blunt object. The injury report of Reshma is at page 28 of the paper book where other injuries are contusion except for injury no.1, which is lacerated wound on the head and there is parietal bone fracture. Learned counsel for the applicant has further drawn the attention of this Court to the statement of doctor, who has medically examined the victim where the doctor has stated that there was head injury on the injured Reshma and further stated that in case, injury would have been more deep then the same would have resulted in homicide. He submits that as per statement of doctor, injuries were grievous in nature, however, it is not life threatening. 3-B. Learned counsel for the applicant has also drawn the attention of this Court to the statement of injured Reshma where she has stated that accused persons have assaulted with stick. He submits that there is major contradiction with regard to weapon used, as in the first information report weapon have stated to be sword, knife and firearm whereas, as per statement of injured, weapon of assault is stick. He further submits that no offence under Section 307 IPC is made out as the injuries have been caused by hard and blunt object and at the best, offence would travel to grievous hurt. The applicant has no previous criminal history. Applicant is languishing in jail since 12.10.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶4Learned counsel for the informant submits that injured Reshma has suffered seven injuries out of which, injury no.1 is parietal bone fracture. He submits that injuries were grievous in nature and she has been referred to higher hospital, which is indicative of fact that injuries are grievous in nature. Learned counsel for the informant further submits that the manner in which the injuries have been occurred, is indicative of fact that of the intention to commit culpable homicide.

¶5Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.

¶6Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.

¶7It is not the case of the State that there is a possibility of interdicting fair trial by the accused-applicant if released on bail. No material has been shown that the Applicant is of such character that his mere presence at large would intimidate the witnesses or there is any material to show that applicant will use his liberty to subvert justice or tamper with the evidence.

¶8The object of the bail is to secure the attendance of the accused, the detention of the accused pending trial cannot be punitive in nature as there is presumption of innocence in favour of the accused person. Learned A.G.A. has not brought any facts and circumstances to demonstrate that the character of the accused-applicant (s) is such that his mere presence at large would intimidate the witness.

¶9Learned A.G.A. has not placed any reasonable apprehension of the witnesses being tampered with, the larger interest of the public/State will be at peril in case the Applicant is released on bail.

¶10It is not the case of the State that the applicant has been convicted for any offence on previous occasion.

¶11No material has been placed by the opposite party that the Applicant in the past has attempted to evade the process of law. Further, no material facts and circumstances have been placed to show that it is not in public interest or interest of society at large to release the applicant on bail.

¶12No material has been shown to suggest that the applicant is at flight risk, has chance of repeating the offence, or intimidating the witness if enlarged on bail.

¶13In the present case, it is to be seen that general allegation of assault has been made on five accused persons. As per FIR, weapon used is sword, knife and firearm, however, as per statement of injured Reshma, injury has been caused by stick, except for injury no.1 of Reshma, other injuries are simple in nature. The injuries have been caused by hard and blunt object. The injury no.1 of injured Reshma is the parietal bone fracture. As per statement of doctor, injuries were grievous in nature, however, it has not been stated injuries were life threatening. There are general role of assault. Applicant has no previous criminal history.

¶14Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶15Let the applicant Akil involved in Case Crime No.270 of 2023, under Sections 147, 148, 149, 307, 452, 504, 506, 323 IPC, Police Station Jansath, District Muzaffar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing.

¶16In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 20.11.2023 D. Tamang High Court of Judicature at Allahabad